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HomeMy WebLinkAboutPB-07/20/1965 Southold Town Planning Board SDUTHOLD, L. I., N. y. PLANNING BOARD MEMB~:RS Job'9 ~iclcham, Chairman Henry Molsa Alfred Grebe Archibald YounB ~Y/il lia m U nl:elbach SOUTHOLD TOWN' PIA~NING BBOARD July 20, 1965 A regular meeting of theSouthold Town Planning Board was held 7:30 P.M., Tuesday, July 28, 1965, at the Town Office, Main Road, Southold, New York. There were present: Messrs: John Wickham, Chairman~ HenryMoisa, William Unkelbach, Alfred Grebe. Absent: Mr. Archibald Young - illness Also present: Mr. Otto Van Tuyl, Consultant, Mr. Lawrence Tuthill, professional en$ineer~ Mr. William Pollert appeared before the Board'to discuss hisamended application for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on the following described property: All that certain tract'or parcel of land situated at Greenport in the Town of~Southold, Suffolk'County~ New York, and more particularly bounded and described as follows: i .qouthold Town Board of A~peals -2- July 20t~/965 BEGINNING at a point on the westerly line of Manhanset Avenue where the same is intersected by the northerly line of Ch~mplin Place, and~.thence running along said northerly line of Champlin Place, south 58° 35' 20" west, 449.90 feet to a point; thence north 70° 04~ 20" west, 64.03 feet to a point; running thence north 31° 24~ 40" west, 782.03 feet to a point-on the southerly line of the North Road; thence along the southerly line of the North Road, two courses as follows: (1) north 66° 36' 40." east, 291.24 feet, and (2) north 65° 23' 50" east, 228.44 feet; thence along land now or formerly of Benze, two courses as follows: (1) south 22~ 30' 10" east, 191.59 feet, and ..(2) north 66° 36~' 40" east, 116.14 feet to the westerly line of Manhanset'Avenue; thsnce running along said line, south 20~ 12~ 30" east, 569.68 feet to the point or place of beginning. THE'CHAIRMAN: The Board, I think, feels that there is a very real question of how much business development there may be in the fut~ue east of Greenport. The Planning Board has been unwilling to recommend this change of zone, and we might be doing you a big favor by not-recommending it. Let me say, that it-was the feeling of the Board that there is a very real question shout the wisdom of zoning any property for business in this particular vicinity. MR. POLLERT: I don~t actually see what you mean, because there is business zone on this property now. THE CHAIRMAN: This is a non-conforming business.. If it wasn't used for business purposes it-would revert back to residential use. Let me say this. In masy cases where there is an application for a c~ange of zone, the owner has a prospective buyer and often a contract. This might change the picture. Do you~have any definite use in mind? MR. POLLERT: I had discussed my plans with you previously. I had an idea of an office building and a bank maybe. The purpose of this application i~ that I am looking ahead maybe 10 years. (The Chairman again advised Mr. Pollert that the Planning Board was unwilling to favorably recommend this change of zone to the Town Board. However, he pointed out to Mr. Poltrt that the Town Board is not'bound by any recommendations that the Planning Board makes.) Southold Town Planning B~6~rd -3- July 20, lg6~5 Bernard and Theodore Kaplan appeared before the Board to discuss the proposed subdivision "Dawn Estates", atGreenport. This subdivision is to contain a man made canal. The Chairm~n advised them that the Town BQard was presently working on a new amendment in regard to man made canals~ andthat the Planning Board could not give a definite answer about this subdivision yet. Mr. Kaplan advised tha Board that probably the propertyowners could be given casement over the bottom of the canal and then an association could be formed to maintain the canal. The Chairman advisedMr. Kaplan 'that they should present to the Planning Board at their next meeting a concrete plan for the use and maintenance of the canal. The following hearing was recessed from the meeting of the Southold Town Planning Board held on June 29, 1965: PUBLIC HEARING: Upon question of approval of the following plat: Plat of property owned by Mattituck Estates, Inc., entitled Mattituck Estates, at~Mattituck consisiting of a parcel of land 42.8 acres, situated at Mattituck, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: BEGINNING at a granite monument set on the southerly line of the Main Road at the northwest corner of the premises herein described and adjoining land of Joseph Miska on the west; running thence along the southerly line of the Main Road N, 88:08~ 20" E.-748.67 feet to a granite monument; thence continuing N. 89: 03' 00" E.-86 feet to land of Elizabeth M. Tuthill; running thence along said land of Tuthill two courses and .distances as follows: ~1) S. 1:. 34' 30" W.-200.0 feet, thmnce ~(2) N~. 89:03~ E.-125~0 feet to land of Filla; running thence along said land of Filla S. 1~ 34~ 30" W.-904.70 feet to a gutter; running thence again along land of Filla through .said gutter N. 50:40~ 10" E.-452.34 feet to land of C.B. Tuthill; running thence along land of Tuthill S. 87* 26~ 30" E.-288.74 feet to a pipe and land formerly of'Leicht, now of Sidor; run~$9 thence along said land of~Sidor~S. 7~ 43' 50" W.-1125.34 feet to th~or~erly line ~of New Suffolk Avenue; ~unning thence along the northerly line of New Suffolk Avenue N. 82: 53' 50" W.-550,0 feet to other land of Melot; running thence along said land of Melot three courses and distances as follows: ~1) N. 7~ 43.' 50" E.-500.0 feet, thence (2) N. 82: 53' 50" W.-350.0 feet; thence southwesterly about 250 feet to a monument on the northwest c~rner of land of Russel D. Tuthill; running thence along said land of Tuthill S. 10:49~ E.-262.1 feet to the northerly line of New Suffolk Avenue; running thence N. 82e 53~ 50" W.- along the northerly line of New Suffolk'Avenue 285 feet to land of Miska; running thence along said land of Miska eight courses Pi ann inG Southold Town/Boara -4- July. 20, 1965 and distances as follows: (1) N. ll° 00' E.-160.0 feet, thence (2) N. 3° 54' W.-104.35 feet, thence (3) N. 79~ 29' 50" W.- 240.0 feet, thence (4) N. 6~ 3'7' 50" E.-545.49 feet, thence ~(5) N. 5° 24' 40" E.-410.42 feet, thence .(6) S. 89° 31' 20" W.- 244.89 feet, thence '~(7) N. 6~ 37" 10" E.-394.51 feet, thence (8) N. 3° 30' 40" Eo-134.0 feet to thenonument and place of beginning on the southerly side of the Main Road. The Chairman advised that at-the time the hearing was scheduled no one appeared to speak in favor 'of it and that was the first time s~ch a thing has happened. Alexander Chase, Esq., extended his apologies to the Board and advised that he had had no notice of the date of'the hearing. Mr. Chase further advised that Mr. ~ldin Young, professional engineer, would be present to answer any questions concerning the drainage from the subdivision. THE CHAIRMAN: I will reconvene the hearing on~Mattituck Estates at this time, and ask to hear from anyone present who wishes to be heard in opposition to this subdivision. C. EDWARD NELSON: I would like to ask the question that I asked last time. Is it not'the duty of the Planning Board to see that no subdivision or individ~ can be engmarassed in any.manner or means by another individual ? THE CHAIRMAn,: I would say that this is not a major ~uty of the Planning Board. The major duty ofthe Planning Board is to serve in the best interest of the Town of Southold. The Planning Board does not consider'the immediate good, but the long time good of the people in the Town of-Southold. This should be our sole consideration. The embarassment of an individual or a group of individuals is not a major criteria. Matter of fact, there has been many times when the Rlanning Board has been in opposition to property.~HH~ ownerassociations. I hope I have answered your question. C. EDWARD NELSON: I know that you are aware of the answer I was looking for. The question I asked the other day .... for the benefit of you people here, mymame is'~C. Edward Nelson and I own property on'Deep H01e'Drive and SuffolkAvenue. My question was, what is.the developers plan for the drainage and the .land whichis filing inDeep Ho~~ Creek. What is your means for stopping this, so that you do not embarass me? You have changed the grades to have Southold Town Planning Bb~rd -5- July 20. 19~ certain culvets and drain pipes, and if I might point out to the Planning Board the bottom of this c~lvet is flush with the bottom level of the drain pipe. This does not catch any reservoir that can be removed. After the rain on Sunday, this d~ain ppipe was full. I do not oppose I think develo This rain ran bulkhe will -of'this business being done there. .ile, but I am being abused. residue. I have a permit to level of this by four feet. up with this residue off this not know of any other way to get an answer~other than h.ere. The Planning Board has certain controls. I am not going to have myself abused. I do, ow whatanswer I would get from Mr. Wickham. I know that all you gentlemen here are involved in this financially and developing for~he town. However, look at it from the other side. If I was developing this land, you would be sitting in this chair with me wondering what is going to stop this run off. I know thatl~ur engineer will admit that there was a rut in the road after the rain on-Sunday. THE CHAIRMAN: The Planning Board has discussed this and has some proposed changes in mind, which I think will answer your problem and protect~the Town. However, this isn't the time to discuss it. C. EDWARD~ON: I hope Mr. Wickham that you realize that~I am not trying to be indicative, I just don't want'to be abused. THE CHAIRMAN: Is there anyone else present who wishes to be heard in oppositionto this subdivision, Mattituck Estates? (There was no responses) THE CPLA~tRMAN: Is there anyone pr~ent who wishes to be heard in favor l of this subdivision to be known as "Mattituck Es ~Les" .9 ~ER'CHASE, ESQ.: I am here in favor of this. Fir. Chairman, may I ask that we be grante~safficient time, I know thabour engineer is on his way here. I know that~the engineer has followed the natural grade. There has notbeen any actual deverting of water, he has taken advantage of the natural topgrade. However, I'am not an engineer and don't want to be held to any contradict. I look'to developing this- Sou,thold Town Planning B6~d -6- July 20, 19~= land with the least 'amount of change. There will be in any event some changes. You put in roads and take out trees. We are progressing more rapi believe that th~ engineer sure your objection is legim (MR. Nelson pointed out also pointed out where the w ~ly tha~ ~s probably normal ~ws what~, is, doi~g, and I am ~te. his pr®perty on a map and he. ~ter drains.) THECHAIRMAN: Does anyoneeelse wish tospeak in favor of this',~ subdivision? _ R~WARD ABITZ: In respec~ to the la~out.of~the property, we spoke~to the~Planning Boa~d~and presented~a preliminary map. The Board approved thi~ layout. Mr. Young has not changed the contour of the l~nd. (Mr.~ Abitz ~ent~on to further discuss the drainage THE CHALRMAN~Does anyo favor'of this subdivision? ALEXANDER CHASE, ESQ.: our engineer's advise and co The Chairman advised th their engineer, Mr. Lawrence swamp area. The chairman re reply fromMr. Tuthill. He that~might be done is put a such a height to improve frs It would also be scenic and the park and playground re~ .) ae else wiRh to be heard in I think-that we will stand on mments. at the Planning Board requested Tuthilt, to make levels of the ported that'he had a verbal said that~on~ of the things trap 9ate in this culvet .at sh water in this wswamp area. inexpensive. This could solve irement, improve fresh water resources and solve the drainage· problem. THE' CPL~IRMAN. Does anyone else wish to be heard in favor ' of this subdiv~s ion ? (There ~as no responseS) THE CHA/_RMAN: I will recess this hearing again, until later this evening when Mr..~Aldin Young is present to discuss the drainage. Harold Reeve and Son were present to discuss the fOllowing proposed, change~of zone. $outhold TownPlanning ~rd -7- July 20, l~oJ5 Change from "A" Residential and Agricultural.District to "B-2" BuSiness~'DiStrict all that certain tract or parcel of land. situated at~Mattituck, in the Town 'of~Southotd., Sufffolk'County, New York~ and more particular~lybounded and des=ribed as follows: BEGINNING at~a concret~monument on the westerly side of WickhamAvenue at the northeasterly corner.of land of Elmer Ruland; running thence-S. 47e 38~ W.-236 feet_along said land of Ruland to a concrete monument thenceS. 39° 07' 20" Ei-67.52 feet along said land.of'Ruland; thence along land formerly-of Tyler now of~Zimnoski S. 43° 41~ 20" E.-48 feet to other land of'applicant zoned "B" Business; thence southwesterly along ~ said "B" Business zone about 280 feet to the easterly line of MaidenLane, said Point being 180 feet~northerly from Middle.Road Extension; running thence along the easterly line of Maiden Lane N. 48~ 57s 30" W.-315 feet~more or less ~to Mattituck'Creek; running thence in a northerly thence in an easterly direction along Mattituck~Creek to land of~Walter Williams; 'thence running-'S. 44~ 11' E.- along said land of~Williams '219.61 feet more or less; thence again running along land of ~illiams N. 47e 38' E.-101.34 feet to the westerly line of WickhamAvenue; running thence $. 39e 09~ 20" E.-49~58 feet ~along the westerly side of~Wickham-Avenue to the point or place of beginning. Harold Reeve, Jr. advised the Boazdthat they decided for the benefit~of the whole town, they wouldlike to have Maiden Lane a Town Road. They ~had Jmdge Tuthill and. Harold Price look at the road and advise what would have-to be done before the Town would approve the road. H. Reeve, Jr., advised the B~ard that an easement~was required from all the propertyowners. William~Wickham, Esq. proceeded to get the easement from all of the property owners except'one particular partywho would not consent. Therefore, no~hing more was done about making Maiden Lane a Town road. The Chairman advised that all the Planning Board members had inspected this property 'and their~major concern was ~access to ~the property. H. Reeve, Jr., advised that_access could be maintained from~Wickham'Avenue. He further advisedthat presently they had no definite plans for the property ora contract of sale. ~ They just felt thatthe property should be zoned for business. The Chairman stated that the Planning Board felt thatthe Mattituck Business area was going to grow and t/~at it was going to grow in the ~irection of the Creek, where this property is located. Southold Town Planning B~o~rd -8- July 20, 19~5 The Chairman again reconvened the hearing on Mattituck Estates, a subdivision to be located at Mattituck~and complete legal description appearing on page 3. The Chairman advised Mr. Aldin Young, professional Engineer, of the suggestion-of'Mr. Lawrence Tuthill, in regard to the drains. Mr. Young felt that this was a good idea and was willing to g~ along with it. The Chairman advised that the installation of a trap gate as proposed by Mr. Tuthill would involve some dealings with Mr. Melot, adjoining property owner. The subdivider would need a legal instrument to show that easement'had been granted by Mr~ Mel6t for the installations of drains as disaussed. A quite lenghty discussion was held on the proposals for the installation and type of drains and their~l~a~F~benefit to the entire area and all concernedwith the drainage. On motion by Mr. Grebe, seconded by Mr. Unkelbach, it was RESOLVED that John Wickham, Chairman, Southold Town Planning Board be authorized, to sign the final maps on Eastern'Shores at Greenport,.Section II. Itis~mm~w~ pointed out that the Building Inspector can not issue anybuilling permits on this land~ until such time as the subdivider has secured permission to make the road connectiQ$ to County Route 27A. Vote of the Board: Ayes:-Mr. Wickham, Mr. Moisa, Mr. Grebe, and Mm. Unkelbach. The Planning Board view the covenants and restrictions as presente~ for the subdivision, Mattituck Estates. The Chairman advised that a letter should be written to Mr., Chase advising him tha-t the Planning Boar~ suggestthat under item number 10, the words "no obstructions atstr~et inter- sections will be allowed" shall beadded. The Planning Board received from the Town Board the amended petition of'A. John Gada for a changeof zone from '~" Residential and Agricultural District to "M-i" Multiple Residence District-with the instructions to prepare an official report.defining the conditions therein. This property is bounded and described as follows: Southold Town Planning B'~Td -9- July 20, All those certain lots, pieces or parcels of land situate, lying and being on fishers Island, Town of Southold, County of~Suffolk, and State of New York, known and designated as lots "C" "D" "E" "F" on a certain map entitled "Plan of Property on Fishers Island, New York, formerly owned'byMrs. Martha E. ~Hoffort, now belonging to Southold Savings Bank, July 1914" and fileddin the office of the Clerk of th~ County of Suffolk on January 2, 1915, as Map no. 242. On motion by Mr. Moisa, seconded byMr. Unkelbach, it was RESOLVED that the application of-A. John Gada, Fishers Island, New York, be tabled without any discussion. Vote of the Board: Ayes:-Mr. Wickham, Mr. Moisa, Mr. grebe Mr. Unkelbach. motion by Mr. Grebe, seconded byMr. Unketbach, it was RESOLVED that the minutes of the Southold Town Planning Board dated June 22, 1965 and June 29, 1965, be approved as submitted. Vote of the Board: Ayes:Mr. Wickham, Mr. Moisa, Mt. Grebe, and Mr. Unkelbach. The next meeting of the Southold Town Planning Board was set tentatively for-August 10th on Fishers Island~ If not held there, the next meeting of the Southold Town Planning Board will be held on August 10, 1965, at the Town Office, Main Road, Southold, New York~ Th~ Planning Board received from the Town Boardthe original petition of James J. Olsen for a change of zone from "A" Residential and Agricultural District to "B~2" Business District on certain real property situated at Mattituck, with the instructions to prepare an official report defining the conditions therein. The following property is requested for'change: Ail that certain plot, piece or parcel oflland, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town o~Southold, Suffolk County, New York, known and designated as Lots No. 1 and 2, on the "Subdivision Map, Section one of property'of George I. Tuthill and others", filed in the Suffolk-County Clerks's Office on January 15, 1929 as Map No. 861. Southold Town ' Planning B~z~rd -10- July 20,~ 1~65 On motion by Mr. Unkelbach, secmnded by Mr. Moisa, it was RESOLVED that'the Planning Board favorablyrecommend to the Town Board the change of zone from "A" residential and Agricultural Districtto "B~2" Business'District~on the property ofJames J. Olsen as described. This property adjoins the applicant's real estate office and the applicantproposes to use this property in connection with his~real estate business. The Planning Board further recommends that~the Town Board on their own motion change from "A" Residential and Agricultural District to "B-2" Business District'the remaining property over to B~ay~Avenue, wwhich includes lots numbered three ~) four (4), and five (5), in the subdivision of G.I.' Tuthill & Others. Vote of the Board: Ayes:-~ir. Wickham,. Mr. Moisa, Mr. Grebe, Mr. Unkelbstfao The meeting was adjourned at 10:35 P.M.-~ ~OHN WICKHAM,~ CHAIRMAN Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Planning Board